Governor Mike Beebe has approved a bill expanding restrictions on former public officials seeking to register as lobbyists. Senate Bill 331, now Act 486, prohibits statewide elected officers, certain state employees, and state agency executives from registering as a lobbyist for one year following expiration of employment.

Previously, only members of the General Assembly were subject to this revolving door restriction.

Governor Matt Mead has signed a campaign finance bill to increase contribution limits and decrease criminal penalties for violations. House Bill 187 increases contribution limits to $2,500 per candidate for statewide office and to $1,500 per candidate for non-statewide office. Currently, the limit is $1,000 for both statewide and non-statewide campaigns.

The bill also increases the total individual contribution limit from $25,000 to $50,000 per two-year election cycle. Contributions from PACs, currently unlimited, will be limited to $7,500 per candidate for statewide office and $3,000 per candidate for non-statewide office.

The penalty for a first violation of the limits will drop from $10,000 to $5,000 and filing a false report will no longer be a felony. The bill becomes effective January 1, 2015.

At any given time, more than 1,000 legislative bills, which can affect how you do business as a government affairs professional, are being discussed in federal, state, and local jurisdictions. These bills are summarized in the State and Federal Communications digital encyclopedias for lobbying laws, political contributions, and procurement lobbying, and can be found in the client portion of the State and Federal Communications’ website.

Summaries of major bills are also included in monthly e-mail updates sent to all clients. The chart below shows the number of bills we are tracking in regards to lobbying laws, political contributions, and procurement lobbying.

National:

Governors’ Groups Rely Increasingly on ‘Dark Money’ Affiliates

Federal:

Hanford Contractor Reaches $1.1 Million Settlement in Whistleblower Suit Involving Training Program

Most Lobbyists Following Disclosure Rules, Government Report Says

From the States and Municipalities:

Alaska – House Trips over Bad Jokes and a Representative’s Tongue

Arizona – Federal Judge Strikes Down 2 Arizona Anti-Union Statutes

Florida – Lawmaker Complains about Getting Out of Speeding Ticket; Trooper Fired

Florida – Lawmakers Seek Exceptions to Free Food and Drink Ban

Georgia – New Ga. Lobbying Rules Raise Fresh Issues

Iowa – Sex Offender Faces Charge after Lobbying Legislators

Maryland – Maryland Close to Raising Political Donation Limit to $24,000

New Jersey – Secret Recording Led to Criminal Case against N.J. Engineering Firm Birdsall Services Group

New York – Lawmakers in New York Tied to Bribery Plot in Mayor Race

North Carolina – NC Court of Appeals Sends Case against Lobbyist Back to Trial Court

Pennsylvania – Judge Throws Out All Campaign Finance Limits in Pittsburgh Mayoral Race

South Carolina – GOP Frets Mark Sanford Could Blow It

State and Federal Communications produces a weekly summary of national news, offering more than 80 articles per week focused on ethics, lobbying, and campaign finance.

News You Can Use is a news service provided at no charge only to clients of our online Executive Source Guides, or ALERTS™ consulting clients.

The General Assembly reconvened for a one-day session on April 3, 2013, to consider the governor’s vetoes and amendments.

Up for consideration were 80 bills for which Governor McDonnell offered amendments, including the state’s landmark transportation bill, and six vetoed bills.

The General Assembly accepted a number of the governor’s amendments to the transportation bill, including a reduction of fees on alternative-fuel vehicles and a reduction of lodging and vehicle-titling taxes.

Photo of the Virginia State Capitol by Anderskev on Wikipedia.

The Mississippi Legislature adjourned sine die on April 4, 2013.

Despite approving a budget for fiscal year 2014, lawmakers will need to return for a special session to reauthorize the Medicaid program. Reauthorization efforts stalled due to a dispute over whether to expand Medicaid under the Affordable Care Act.

A special session will be needed prior to the start of the fiscal year on July 1 to keep the program funded.

The Idaho Legislature adjourned its regular session sine die on April 4, 2013.

Before adjourning at 11:30 a.m., the Legislature finalized the $1.3 billion public education budget. It failed to pass by one vote at the end of March, with some lawmakers arguing that it codified the Students Come First laws rejected by voters last November.

The House also debated and passed a bill aimed at allowing school districts flexibility in adjusting teacher pay and contracts.

The seat for House District 95 will be filled by special election on May 14, 2013.

A runoff, if needed, will be held on June 4.

The seat was left vacant by the death of Representative Jessica Upshaw in March.

Photo of the Mississippi State House by Shawn Lea on Wikipedia.

On April 1^st, we added Comptroller Jeff Roberts to the 10-Year Club. He is now our sixth member to this exclusive club. This is a huge recognition at State and Federal Communications.

According to the Bureau of Labor Statistics, only 30 percent of employees had 10 year or more of tenure with their current employer. And, the median number of years with an employer is only 4.4 years.

Yesterday, we celebrated Jeff’s milestone and he mentioned so many things that have happened in 10 years.

• Staff increased from 13 to 36;
• Space increased from 8,200 sq feet to 16,000 sq feet;
• We published the updates to our Political Contributions and Lobbying Laws publications twice a year and now we update our website every day;
• We added the Procurement Lobbying and Canadian Lobbying to our suite of on-line services;
• Increased our consulting clients from 19 to 126; and
• The number of children from staff went from eight (8) to 32.

Jeff’s input into the operation of the company is not seen to the outside crowd, but he has been an amazing trusted employee making sure we are always ahead on bills and the IRS. And, as he mentioned at our program yesterday, has never worried as to whether he would be paid or whether benefits would be provided.

We live in a different society now. Tenure used to only be associated with academic careers. In the private sector, tenure is the faithful commitment to an employer who has proven there is worth to staying.

Thanks to Jeff Roberts for 10 years of faithful service.

Q. I am interested in making a political contribution in Puerto Rico. What are the current political contribution limits? Am I required to disclose my contribution?

A. In Puerto Rico, individuals and PACs may make contributions.  Direct corporate contributions are prohibited. Puerto Rico has recently raised the annual political contribution limits. In response to the Federal Election Commission raising the federal contributions limits in 2 U.S.C. §441a(a)(1)(A),  the Oficina del Contralor Electoral (OCE) issued Circulated Letter OCE-CC-2013-02. The circulated letter raises the individual and PAC contribution limits to $2,600 per candidate per year, with an aggregate contribution limit of $13,000.  In an election year, the limits are modified to $2,600 per candidate per election, and $13,000 in the aggregate per election. These contribution limits do not apply to independent expenditures.

There are no reporting requirements for individuals making contributions in Puerto Rico.  PACs, however, have a quarterly disclosure requirement for any quarter in which contributions were received or expenditures were made.  PACs established and registered in a jurisdiction other than Puerto Rico have separate reporting requirements under the campaign finance regulations issued by the OCE.

For specific guidance on making contributions in Puerto Rico, please contact Sarah Kovit.

You can directly submit questions for this feature, and we will select those most appropriate and answer them here. Send your questions to: marketing@stateandfed.com.

(We are always available to answer questions from clients that are specific to your needs, and we encourage you to continue to call or e-mail us with questions about your particular company or organization. As always, we will confidentially and directly provide answers or information you need.) Our replies to your questions are not legal advice. Instead, these replies represent our analysis of laws, rules, and regulations.

Governor Rick Scott has scheduled the special election for House District 2 for June 11, 2013.

A primary election will be held May 14.

The election will replace the late Representative Clay Ford, who lost his battle with cancer in March.

The Senate has passed a campaign finance reform bill, including a provision allowing public financing of local campaigns. House Bill 1499 raises campaign contribution limits, for the first time in two decades, from $10,000 to $24,000 within a four-year election cycle. The bill also curbs giving through multiple corporate entities for the purpose of evading contribution limits, increases reporting requirements, and gives the State Board of Elections new enforcement powers.

An amendment to remove a public financing option for counties was rejected by a 25-16 vote.

The Senate passed House Bill 1499 and cross-filed Senate Bill 1039 on Wednesday, April 3, 2013 by a 45-2 vote. The bill now must be reconciled with a different version passed by the House.

The contributions limits in the upcoming Pittsburgh mayoral election have been removed by the courts. Judge Joseph James voided the city’s contribution limits because of one candidate’s decision to contribute his own money to his campaign.

Under city law, candidates may only accept $2,000 from individuals and $4,000 from PACs per covered election. However, if a candidate decides to use personal resources in excess of $50,000 for his or her campaign, then the contribution limitations are thrown out for all candidates in that specific race.

In this situation, Councilman Bill Peduto requested an injunction barring former state Auditor General Jack Wagner from using nearly $300,000 in contributions collected during previous campaigns. The judge ruled the use of the previous campaign funds to be a contribution, which would have exceeded the city’s contribution limits.

Wagner’s lawyers then turned their attention to Michael Lamb, the city controller who withdrew from the race earlier in the week. Lamb had given his campaign $53,000 of his own money, which voided the contribution limits and allowed Wagner to use the $300,000 in question. Lamb attempted to give $3,000 from the campaign back to himself in order to undo the contribution, but the judge ruled that the refund did not repair the breach.

The primary election for the mayoral office takes place on May 21, 2013 and the general election on November 5, 2013.

Photo of downtown Pittsburgh by Theeditor93 on Wikipedia.

Campaign Finance

“As Obama begins fundraising swing, campaign finance watchdogs growl” by David Nakamura in the Washington Post.

Maryland: “Campaign finance reform advances in Senate” by Michael Dresser in the Baltimore Sun.

New York: “Campaign finance reform gains momentum” by Dan Levy in WNYT News.

New York: “Campaign reform advocates say NY scandals show need to change Albany culture” by The Associated Press in The Republic.

Ethics

Florida: “Palm Beach County ethics board targeted for state audit” by Jennifer Sorentrue in the Palm Beach Post.

New York: “Lawmakers in New York Tied to Bribery Plot in Mayor Race” by Michael Wilson and William K. Rashbaum  in the New York Times.

New York: “Rogues gallery of corruption cases” by Rick Karlin in the Albany Times Union.

From the State Legislatures

Alaska: “Kawasaki draws rebuke for conduct on House floor” by The Associated Press in the Juneau Empire.

Nebraska: “Late nights planned for state lawmakers” by The Associated Press in the Lincoln Journal Star.

Oregon: “Many bills in Oregon Legislature won’t see the light of day” by Laura Fosmire in the Statesman Journal.